The court decides whether the failure to prove that appellant secured the performance of the contract with a "worthless check" was merely an immaterial variance under Gollihar or whether the state failed to prove the essential element that an act of deception secured performance of a contractor's services. When the indictment alleges theft of services by "deception" through the issuance of a bad check, proof that the check was issued after the performance of the services will not support a conviction for theft of services. The court affirms the court of appeals judgment rendering an acquittal. Court of Criminal Appeals, No. PD-1717-11, 01-09-2013.
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Daugherty v. State
Tex. Crim. App.
January 17, 2013
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